Court says posting demeaning photo of Alzheimer's patient on social media didn't violate Minnesota law

By Jane Lee

The Minnesota Court of Appeals decided that the nurse's aide who posted a photograph with an elderly patient with Alzheimer's disease in June 2017 on her social media without any permission did not violate the state law on Jan. 27, according to Star Tribune

The patient's husband alleged that the post invaded patient privacy and information about medical conditions and sued the Madonna Summit of Byron, Minn. The photo included a demeaning caption, “This little [expletive] just pulled the fire alarm and now I have to call 911!!! Woohoo,” Star Tribune reported. 

According to Star Tribune, some elder advocates concern about the implication of the decision to the facilities and workers who might regard it as okay to take pictures of older people with dementia and individuals with intellectual disabilities and share them on their social media without their permission. 

“Given that the majority of nursing home residents are living with cognitive challenges, the opportunity for anyone to post what could be personal and/or inappropriate posts on social media without the consent of residents or their legally authorized representatives is troubling,” said Joseph Gaugler, a professor at the University of Minnesota’s School of Public Health, Star Tribune reported.  





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